[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Pages 81348-81350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25956]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0848]
RIN 1625-AA87
Security Zone; Nantucket Memorial Airport and Abrams Point,
Nantucket, MA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two 500-yard temporary
security zones for all navigable waters adjacent to the Nantucket
Memorial Airport and Straight Wharf as well as a 1,000-yard temporary
security zone for all navigable waters adjacent to Abrams Point,
Nantucket, Massachusetts. These security zones are needed to protect
the persons under the protection of the United States Secret Service
(USSS). Entry of vessels or persons into these zones is prohibited
unless specifically authorized by the Captain of the Port Sector
Southeastern New England or a designated representative.
DATES: This rule is effective from November 21, 2023, through 11:59
p.m. on November 26, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0848 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email MST2 Christopher Matthews, Sector Southeastern New
England, U.S. Coast Guard; telephone 401-435-2348, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The United States Secret Service (USSS) requested that the Coast
Guard establish two 500-yard temporary security zones for all navigable
waters adjacent to the Nantucket Memorial Airport and Straight Wharf as
well as a 1,000-yard temporary security zone for all navigable waters
adjacent to Abrams Point, Nantucket, Massachusetts. The purpose of the
temporary security zone is to facilitate the security and safety of the
persons under USSS protection.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
information regarding this event in time to publish NPRM and seek
comments before the subject visit. Publishing an NPRM and delaying the
effective date would be impracticable and contrary to the public
interest as it would inhibit the Coast Guard's ability to fulfill its
statutory missions and jeopardize the safety of the persons under USSS
protection during the visit.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to ensure the safety of the person
under USSS protection during the visit.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 70124. The USSS requested that the Coast Guard establish two
500-yard temporary security zones for all navigable waters adjacent to
the Nantucket Memorial Airport and Straight Wharf as well as a 1,000-
yard temporary security zone for all navigable waters adjacent to
Abrams Point, Nantucket, Massachusetts. The purpose of the temporary
security zone is to facilitate the security and safety of the persons
under USSS protection during their visit to the area. As a result, in
consultation with the USSS, the Captain of the Port Sector Southeastern
New England (COTP) has determined that the security zones are necessary
to provide security for the persons under USSS protection.
IV. Discussion of the Rule
This rule establishes two 500-yard security zones for all navigable
waters adjacent to the Nantucket Memorial Airport and Straight Wharf as
well as a 1,000-yard temporary security zone for all navigable waters
adjacent to Abrams Point, Nantucket, Massachusetts. No vessel or person
will be permitted to enter the security zones from 12:01 a.m. on
November 21, 2023, through 11:59 p.m. on November 26, 2023. Entry into
these security zones is prohibited unless specifically authorized by
the COTP or their designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of the U.S.
Coast Guard Sector Southeastern New England.
Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 508-457-3211 or
can be reached by VHF-FM channel 16. Persons and vessels permitted to
enter these security zones must transit at their slowest safe speed and
comply with all lawful directions issued by the COTP or their
designated representative.
[[Page 81349]]
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-year of the security zones. These
security zones will impact small, designated areas off Nantucket,
Massachusetts for approximately six days during a time of year when
vessel traffic is normally low. To alleviate the effects of this rule
on the public, the COTP may elect to temporary suspend enforcement of
these security zones. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zones, and
the rule allows vessels to seek permission to enter the zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves three
security zones from November 21, 2023, through November 26, 2023, that
will prohibit entry within 500 yards of Nantucket Memorial Airport and
Straight Wharf as well as 1,000 yards of Abrams point, Nantucket,
Massachusetts. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5;
[[Page 81350]]
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.
0
2. Add Sec. 165.T01-0848 to read as follows:
Sec. 165.T01-0848 Security Zone; Nantucket Memorial Airport, Abrams
Point and Straight Wharf, Nantucket, MA.
(a) Location. The following areas are security zones: All navigable
waters 500 yards from Nantucket Memorial Airport and Straight Wharf as
well as 1,000 yards from Abrams Point, Nantucket, Massachusetts.
(b) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the Captain of
the Port Sector Southeastern New England (COTP) or the COTP's
designated representative. Designated representative is a commissioned,
warrant, or petty officer of the U.S. Coast Guard assigned to units
under the operational control of U.S. Coast Guard Sector Southeastern
New England.
(2) Vessels requiring entry into the security zones must request
permission from the COTP or a designated representative. To seek entry
into the security zones, contact the COTP or the COTP's representative
by telephone at 508-457-3211 or on VHF-FM channel 16.
(3) Persons and vessels permitted to enter the security zones must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(c) Enforcement period. This section will be enforced from 12:01
a.m. on November 21, 2023, through 11:59 p.m. on November 26, 2023. To
alleviate the effects of this section on the public, the COTP may elect
to temporarily suspend enforcement of the security zones.
Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New
England.
[FR Doc. 2023-25956 Filed 11-21-23; 8:45 am]
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